Code Of Civil Procedure MCQ question and answer

51

To which of the cases the provisions of Order 22, rule 3 and 4 Code of Civil Procedure do not apply?

A) Suit B) Execution proceedings C) First appeal D) Second appeal

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Answer & Solution

Answer: Option B

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52

Which of the following deals with commissions issued by foreign Courts in the Code of Civil Procedure?

A) Section 63 B) Section 59 C) Section 76 D) Section 78

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Answer & Solution

Answer: Option B

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53

Under Civil Procedure Code, defendant can ask for temporary injunction against the plaintiff if-

A) There appears to be a danger that plaintiff would waste or alienate the suit property B) The plaintiff threatens to dispose off the property with a view to defrauding his creditors C) Plaintiff threatens the defendant to dispossess him from the suit property D) All of them

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Answer & Solution

Answer: Option D

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54

The power of dismissal of a suit or striking out of defence under Order XI, Rule 21 of Code of Civil Procedure should be exercised

A) Only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court B) Where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court C) Generally without going into the question of obstinacy or contumacy or wilful disregard D) As per the discretion of the Court

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Answer & Solution

Answer: Option A

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55

Under Code of Civil Procedure 1908, on death of either parties to the suit between the conclusion of the hearing and the pronouncing of the judgment, the suit . . . . . . . .

A) Shall abate B) Shall not abate C) May abate with the permission of the Court D) May abate with the consent of the other party

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Answer & Solution

Answer: Option B

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56

An agreement or compromise entered in a 'representative suit' without the leave of the court is

A) Void B) Voidable C) Valid D) Either valid or voidable

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Answer & Solution

Answer: Option A

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57

Under which of the following Orders of Code of Civil Procedure, provisions regarding a suit by indigent persons has been given-

A) Order XXXII(A) B) Order XXXIII C) Order XXXII D) Order XXXIV

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Answer & Solution

Answer: Option B

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58

Exemption from personal appearance in the court is provided under

A) Section 133 of Code of Civil Procedure B) Section 132 of Code of Civil Procedure C) Section 143 of Code of Civil Procedure D) Section 142 of Code of Civil Procedure

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Answer & Solution

Answer: Option A

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59

A suit under Order XXXVII of the Code of Civil Procedure, 1908 can be based on:

A) A hundi B) An oral contract C) A claim for general damages under Section 73 of the Contract Act D) None of the above

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Answer & Solution

Answer: Option A

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60

"Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused." This provision is incorporated in;

A) Section 11, Explanation II B) Section II, Explanation III C) Section 11, Explanation IV D) Section 11, Explanation V

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Answer & Solution

Answer: Option D

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Code Of Civil Procedure MCQ question and answer | Law MCQ question